Case Reviews
From OCDLA Library of Defense
- Go here to see a list of:
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Oregon Supreme Ct - March 30, 2017
by: Sara Werboff • March 31, 2017 • no comments
- Eyewitness ID - Defendant Entitled to Remand for Lawson/James Hearing
Oregon Appellate Ct - March 29, 2017
by: Sara Werboff • March 31, 2017 • no comments
- Search and Seizure - Police Lacked Reasonable Suspicion to Extend Traffic Stop
- Challenges to Uncharged Sexual Abuse Unpreserved and Restitution Award Supported by the Record
- DNA Testing - Defendant Did Not Make a Prima Facie Showing of Actual Innocence
- Juvenile Dependency - No Error in Maintaining Permanency Plan of Reunification
- Per Curiam - OEC 403 Balancing Challenge is Unpreserved
Oregon Appellate Ct - March 22, 2017
by: Sara Werboff • March 24, 2017 • no comments
- Post-Conviction Relief - No Appeal from Dismissal as Meritless Petition
- Search and Seizure - Police Lacked Reasonable Suspicion - Record Not Sufficient to Address State's Alternative Basis
- Fines and Fees - Trial Court Improperly Imposed Compensatory Fine
- Juvenile Dependency - Affirming Jurisdiction over Child Due to Domestic Violence in the Home
- Search and Seizure - Search Warrant Affidavit Established Probable Cause for Search of RV
- Per Curiam - Search and Seizure - Search Under Automobile Exception Justified
- Per Curiam - Court Erred in Imposing Fine on Merged Count
- Per Curiam - Civil Commitment Court Plainly Erred in Failing to Advise of Right to Subpoena
Oregon Appellate Ct - March 15, 2017
by: Sara Werboff • March 17, 2017 • no comments
- Indictments - Any Error in Amending Indictment was Harmless
- FAPA Orders - Insufficient Evidence that Respondent Threatened Harm to Petitioner
- Post-Conviction Relief - Appellate Counsel was Not Ineffective for Failing to Raise Claim
- Civil Commitment - Evidence Sufficient to Find that Appellant Continued to Be a Danger to Herself
- Post-Conviction Relief - Trial Counsel Not Ineffective for Failing to Argue for Application of Shift-to-I Rule
- Sentencing - Trial Court Erred in Imposing Consecutive Sentences for Robbery and UUV
Oregon Supreme Ct - March 9, 2017
by: Sara Werboff • March 10, 2017 • no comments
- Search and Seizure - Automobile Exception Justified Search
- Mandamus - Court Orders Murder Indictment Dismissed With Prejudice on Former Jeopardy Grounds
Oregon Appellate Ct - March 8, 2017
by: Sara Werboff • March 10, 2017 • no comments
- Evidence - Victim's Statements Were Admissible as Evidence of His State of Mind
- Expert Testimony - Trial Court Did Not Err In Limiting Expert's Testimony
- Juvenile Dependency - DHS Made Reasonable Efforts to Ameliorate Mother's Mental Health Issues
- Parole - Rejecting Petitioner's Challenges to Denial of Parole
- Search and Seizure - Officer's Pat-Down of Defendant Not Justified on Officer Safety Grounds
Oregon Supreme Ct - March 2, 2017
by: Sara Werboff • March 5, 2017 • no comments
- Search & Seizure - Police Must Have Suspicion of Specific Crime or Type of Crime
- Interrogation - Defendant Unequivocally Invoked Right Against Compelled Self-Incrimination
Oregon Appellate Ct - March 1, 2017
by: Sara Werboff • March 4, 2017 • no comments
- Post-Conviction Relief - Petitioner Did Not Create an Issue of Fact with Respect to Prejudice
- Civil Commitment - Evidence was Sufficient to Support Finding that Appellant was a Danger to Others
- Post-Conviction Relief - State Committed Brady Violation with Respect to Two Witnesses
- Search and Seizure - Defendant Did Not Consent to a Search of His Residence
- Sufficiency of Evidence - Reconsideration - Acknowledging Factual Mistake but Adhering to Original Opinion
- Sentencing - Trial Court has Authority Under ORS 137.750 to Find Defendant Ineligible for a Reduction in Sentence
- Juvenile Dependency - Record Legally Sufficient to Support Juvenile Court Jurisdiction
- Post-Conviction Relief - PCR Court Erred in Granting Summary Judgment for State
- Per Curiam - Sex Abuse Guilty Verdicts Merged
- Per Curiam - Insufficient Evidence of Witness Tampering
- Per Curiam - Sex Abuse Guilty Verdicts Merged
Oregon Appellate Ct - Feb 23, 2017
by: Sara Werboff • February 27, 2017 • no comments
- Post-Conviction Relief - Reversing Grant of Post-Conviction Relief Because Trial Counsel Made Reasonable Strategic Choices
- Post-Conviction Relief - Petitioner's Padilla Claim was Barred Because Padilla is Not Retroactive
- Evidence - Evidence of Other Sexual Assaults in Another County was Admissible
- Sufficiency of Evidence - Officer's Order to Defendant was Lawful for Officer Safety Reasons
- Search and Seizure - Automobile Exception Applies to Cars Stopped for Traffic Violation
- Trial Court Did Not Err in Finding Defendant in Summary Contempt
- Sentencing - Declining to Overrule Precedent Requiring Full Remand for Merger Error
- Post-Conviction Relief - Petitioner Did Not Establish that Expert Testimony Would Have Been Admissible
- Per Curiam - Reversing Attorney Fees
- Per Curiam - Trial Court Did Not Plainly Err in Imposing Attorney Fees
- Per Curiam - Defendant's Father Lacked Actual Authority to Consent to Search of Defendant's Room
- Per Curiam - Insufficient Evidence to Support Civil Commitment
- Per Curiam - Reversing Attorney Fees
- Per Curiam - Defendant's Two Unlawful Delivery Guilty Verdicts Should Merge
- Per Curiam - Reversing Attorney Fees
- Per Curiam - Juvenile Dependency Appeal Dismissed as Moot
- Per Curiam - Rejecting Challenge to Auto Exception Search
- Per Curiam - Court Grants Reconsider to Correct Citation Error
Oregon Supreme Ct - Feb 16, 2017
by: Sara Werboff • February 20, 2017 • no comments
- Second-Degree Robbery - State Required to Prove that Person Providing Aid to Defendant Acted with Intent to Promote or Facilitate Defendant's Acts
Oregon Appellate Ct - Feb 15, 2017
by: Sara Werboff • February 20, 2017 • no comments
- Parole - Board Erred by Relying on Second Psychological Evaluation to Justify Earlier Decision Deferring Release
- Sufficiency of Evidence - Sufficient Evidence that Defendant Recklessly Caused Death of Another Person
- Parole - Board's Factual Findings Not Supported by Substantial Evidence
- Juvenile Dependency - Juvenile Court Lacked Authority to Order DHS to Place Children with Grandparent
- Parole - Board's Decision to Deny Parole was Based on Substantial Evidence
- Per Curiam - Multiple Sex Abuse Convictions Merged
- Per Curiam - Trial Court Plainly Erred in Imposing Court-Appointed Attorney Fees
Oregon Supreme Ct - Feb 9, 2017
by: Sara Werboff • February 13, 2017 • no comments
- California Convictions Were Not "Comparable Offenses" for Purposes of Presumptive Life Imprisonment for Sex Offenders
Oregon Appellate Ct - Feb 8, 2017
by: Sara Werboff • February 13, 2017 • no comments
- Civil Commitment - Failure to Prove Appellant was a Danger to Others
- Appeal and Review - Post-Conviction Relief - Cross-Appeal was Untimely
- Per Curiam - Civil Commitment - Failure to Hold Hearing Within Five Judicial Days
- Per Curiam - Civil Commitment - Failure to Advise of Rights
Oregon Appellate Ct - Feb 1, 2017
by: Sara Werboff • February 5, 2017 • no comments
- Post-Conviction Relief - Appellate Counsel Was Not Ineffective for Failing to Challenge Juror Excusal - Appellate Counsel Was Ineffective for Failing to Seek Reconsideration of Appellate Disposition
- Attorney Fees - Court Could Not Infer that Trial Court Relied on Information Collected to Determine Defendant's Eligibility for Counsel in Finding an Ability to Pay
- Search and Seizure - Seizure of Defendant Justified by Officer Safety Concerns
- Burglary - State Failed to Prove that Locked Bedroom Was a Dwelling
- Stalking - Defendant Entitled to Judgment of Acquittal for Stalking Because Contact was Not Repeated
- Sentencing - Delivery and Possession Counts Did Not Merge - Probation Condition Permitting Walk-Through of Home Not Unconstitutional
- Juvenile Dependency - Juvenile Court Erred in Changing Permanency Judgment
- Per Curiam - Attorney Fees - Trial Court Plainly Erred in Imposing Attorney Fees
- Per Curiam - State Failed to Prove that Defendant Violated Restraining Order
- Per Curiam - Civil Commitment - Reversal Required for Failure to Advise of Rights
Oregon Appellate Ct - Jan 25, 2017
by: Sara Werboff • February 5, 2017 • no comments
- Eyewitness ID - Trial Court Did Not Err in Admitting Eyewitness ID
- Right to Counsel - Waiver of Right to Counsel During Sentencing Was Not Knowingly Made
- Self-Incrimination - Court Erred in Compelling Defendant to Testify to His Identity
- Per Curiam - Evidence Insufficient to Support Criminal Forfeiture
- Per Curiam - Court Erred in Imposing Attorney Fees
- Per Curiam - Court Erred in Failing to Record Civil Commitment Proceedings
- Per Curiam - Court Erroneously Included "Constituting Domestic Violence" in Judgment - Attorney Fees
- Per Curiam - State Concedes that Evidence Derived from Unlawful Stop
Oregon Supreme Ct - Jan 20, 2017
by: Sara Werboff • January 24, 2017 • no comments
- Officer's Request for Consent to Search was Not Reasonably Related to Purpose of Detention
Oregon Appellate Ct - Jan 11, 2017
by: Sara Werboff • January 13, 2017 • no comments
- UUV - Overruling Prior Case Interpreting Scope of Unauthorized Use of a Vehicle under ORS 164.135(1)(a) as "Plainly Wrong"
- Appeal and Review - Declining to Exercise Discretion to Review for Plain Error when Error Could Have Been Fixed in the Trial Court
- Termination of Parental Rights - DHS Met Burden of Proof under Indian Child Welfare Act (ICWA)
- Juvenile Dependency - Juvenile Court Must Determine That There Are No Compelling Circumstances to Forego a Change in Permanency Plan
- Per Curiam - Juvenile Dependency - No Evidence that Mother Continued to Have Domestically Violent Relationships
Oregon Appellate Ct - Jan 5, 2017
by: Sara Werboff • January 9, 2017 • no comments
- Juvenile Dependency - Insufficient Evidence that DHS Made Reasonable Efforts to Provide Services to Incarcerated Parent
- Juvenile Dependency - Insufficient Evidence that DHS Made Reasonable Efforts to Provide Services to Incarcerated Parent
- Search & Seizure - No Article I, Section 9, Violation When Police Searched Defendants' Garbage
Oregon Appellate Ct - Dec 29, 2016
by: Sara Werboff • January 2, 2017 • no comments
- "Past Sexual Behavior" Under OEC 412 is Behavior Other Than the Underlying Allegations
- DUII - A Person in a Motorized Wheelchair in a Crosswalk is a Pedestrian and Not a Driver
- DNA Testing - Remand Required When Trial Court Denied Petition for Appointed Counsel on Improper Basis
- Traffic Violations - Court Did Not Abuse Discretion in Limiting Defendant's Evidence in Traffic Proceeding
- Juvenile Dependency - Juvenile Court did Not Make "Child-Centered" Determination in Changing Permanency Plan
- Fines and Fees - Restitution Award Proper for Victim's Attorney Fees but Not for Costs of CARES Evaluation
- Evidence - Johns Test Not Required for Motive Evidence - State Failed to Establish that Prior Act was Relevant Under OES 404(3)
- Post-Conviction Relief - Petitioner was Prejudiced by Trial Counsel's Failure to Provide Timely Notice of Alibi
- Sentencing - Merger Required Because Acts Not Separated by "Sufficient Pause"
- Per Curiam - Civil Commitment - Dismissal Required When Hearing was Untimely
- Per Curiam - Affirming Probation Revocation Sentence Imposed Pursuant to Stipulation in Plea Agreement
Oregon Supreme Ct - Dec 22, 2016
by: Sara Werboff • December 23, 2016 • no comments
- Post-Conviction Relief - Trial Court Erred in Granting Motion for Summary Judgment on Petitioner's Successive PCR Claim Alleging Brady Violation
